LIPAMUNGO ODYUO Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. K. Srivastava, learned counsel assisted by Mr. N. Z. Lotha, learned counsel for the appellants for the appellant. Also heard Mr. B. Sarma, learned Special Public Prosecutor, Wildlife for the State respondent.

(2.) This is an appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 against the impugned judgment and order dtd. 7/7/2023, passed by the learned Special Judge, Wildlife, Karbi Anglong in Special Wildlife (Protection) Case No. 01/2023, arising out of C.R. Case No. 934/2017, whereby the appellants were held guilty for the offence under Sec. 29 of the Wildlife Act, 1972 punishable under Sec. 51(1) of the said Act, and the appellants were sentenced to a simple imprisonment of 1 (one) year and to pay a fine of Rs.10,000.00 (Rupees ten thousand) only each and in default simple imprisonment for another 1 (one) month with the benefit of Sec. 428 Cr.P.C.

(3.) The prosecution case, in brief, is that on 27/5/2017, at about 6.30 a.m., a secret information was received by one Shri Sundorsing Teron, Forest Beat Officer, Lahorijan Beat Karbi Anglong (West) Division regarding illegal entry of some persons into Doldoli Reserve Forest and destruction and denudation of wildlife habitat. On the basis of the said information, a patrolling team of the Forest Department, led by Shri Longki Killing, FR-I, proceeded towards FD pillar Nos. 5 and 6 and after reaching the said place, at about 7.30 a.m., they saw 5 (five) persons, who were illegally cutting and clearing the jungle without even having permit to enter into the Reserve Forest. On being interrogation, they disclosed their names as (i) Lipamungo Odyuo, (ii) Orenthung Jami, (iii) Mhonjan Odyuo, (iv) Jonthungo Odyuo, and (v) Stebhem @ Stephen Murry, the accused/appellants herein, and from their possession, the forest team seized a Dao, Deer leg and horn of wild buffalo, which were accordingly seized by preparing seizure list and the accused persons were also arrested.